Call for increased Med fisheries conservation

With officials from Mediterranean countries gathering for the latest General Fisheries Commission for the Mediterranean (GFCM) annual session in Croatia (6-10 November 2023), NGOs are urging the adoption of a system of corrective measures that would allow GFCM to tackle illegal, unreported and unregulated (IUU) fishing and cases of non-compliance within its region.

GFCM

According to NGO members of the Med Sea Alliance (MSA), their call backed is by new legal analysis that shows GFCM has the competency to impose such measures. 

The proposed system under discussion – which already exists in other regional fisheries management organisations (RFMOs) – would allow GFCM to take action against countries that consistently disregard fishing regulations. Several organisations of MSA argue that creating a compliance mechanism is crucial for the Mediterranean’s biodiversity, fish stock recovery, and the communities that rely on marine resources.

“At the moment, the GFCM cannot act when countries systematically fail to follow its requirements on, for example, fleet control or properly reporting on their fishing activities, but with such a system in place, the GFCM could apply measures such as suspending fishing authorisations or requiring increased controls,” said Helena Álvarez, Senior Marine Scientist at Oceana in Europe. “This is a prerequisite for ensuring the survival of the Mediterranean’s unique biodiversity, to support the recovery of fish stocks and the communities that rely on marine resources.”

ClientEarth Senior Jurist – Marine & Mediterranean Nils Courcy said a compliance mechanism could help enforce regulations that prevent destructive fishing practices. 

“This gap in enforcement endangers shared natural resources and the very existence of the fishermen who depend on them.”

The NGOs say a legal analysis compiled by Professor Tullio Scovazzi (a retired former professor of international law at the Universities of Parma, Genoa, Milan and Milan-Bicocca, Italy) and Professor Simone Vezzani (professor of international and European law at the University of Perugia, Italy) confirms that GFCM has the competency to impose corrective measures in cases of non-compliance.

This analysis was commissioned by the Med Sea Alliance, a coalition of NGOs working to improve the health and productivity of the Mediterranean Sea, in response to questions raised during the GFCM Compliance Committee meeting in May 2023 about the compatibility of such a system with international law. 

The legal analysis concludes that the current lack of a compliance mechanism is not a legal, but rather a political question. 

According to a briefing on the legal analysis, prepared by ClientEarth, Environmental Justice Foundation and Oceana, “in accordance with international law and GFCM rules, the GFCM has the competence to establish a system that incentivises and ensures compliance through robust corrective measures, including trade-related sanctions. Setting up such a system would also bring the GFCM in line with the practice of several other Regional Fisheries Management Organisations (RFMOs)”. 

“As this legal analysis shows, the only thing holding back GFCM from effectively dealing with states who don’t follow the rules is a matter of political will,” said Jesús Urios Culiañez, Environmental Justice Foundation’s lead campaigner for the Mediterranean. “This week, GFCM members have an opportunity to make the meaningful change we need. By establishing a strong enforcement system for the conservation and management of the Mediterranean, they can protect marine ecosystems and support the livelihoods of those who rely on them. They must not let this opportunity slip away.”

In a Call to Action published during the GFCM High-level conference on MedFish4Ever initiatives, member organisations of the Med Sea Alliance urged GFCM members to create a compliance mechanism, expand vessel tracking and that other tracking measures (AIS) and ensure that that trawl bans in the Mediterranean Sea are fully enforced and complied with to support the recovery of fish stocks and the protection of sensitive habitats.